Taxation

Tax planning and tax litigation

Taxation questions are a growing concern for all business owners, notably with regard to either daily operations, an acquisition, a merger, a joint venture, a sale, as well as retirement or estate planning. At De Grandpré Chait, our tax experts are recognized for their ability to provide practical and innovative solutions to various taxation issues, including financing, personal and estate planning, mergers and acquisitions, or administrative and legal contestations. Our clientele consists mainly of SMBs as well as private and public companies, in addition to their officers and their families, individuals and trusts. Regardless of the nature of your questions, our experienced professionals will provide solutions aimed at better protecting your assets and minimizing your tax burden.

Fiscal aspects of a transaction

Has a potential buyer submitted an attractive offer to purchase? Is a third party offering to become a partner to help further develop your business? Are you in a business start-up process? With the collaboration of our lawyers practising in business law and real estate law, our tax experts guide you through each step of a business transaction or with the drafting of an important contract to ensure that all tax aspects are identified, understood and settled in accordance with your priorities.

Representative mandates

Assisted the minority shareholders of a civil engineering firm with a management buy-out, including tax planning which involved a share freeze, a family trust and a holding company for each shareholder in order to take advantage of tax benefits related to inter-company dividends and income splitting

Represented a unionized business manufacturing moulded aluminum parts with the sale of its plants, the whole preceded by tax planning in order to reduce the tax consequences of the transaction

Assisted hundreds of business owners and families with the tax consequences of corporate restructurings and the purchase or sale of companies

Rectified the unexpected tax consequences arising from certain transactions through the successful use of creative mechanisms provided for in the tax and corporate legislation

Tax planning and succession planning

When transferring a business to future generations, a management team or to third parties, relevant and objective tax advice is key to protecting your assets and ensuring the success of the transaction. Through sound tax and estate planning, our tax experts will suggest the appropriate means to reduce, defer and even eliminate taxes upon death. Whether the solution consists of insurance products, establishing a trust or preparing a will, a mandate of incapacity and power of attorney, our team works toward minimizing your tax burden and protecting your wealth.

Recommended reading

Tax planning through trusts and asset holding vehicles

Among the advice offered to business owners regarding the most fiscally advantageous structures available in Canada, the introduction of a shareholding trust or a simple asset holding vehicle is unavoidable. Our lawyers have significant expertise in constituting all types of trusts, including family trusts, asset protection trusts and real estate investment trusts. Legal advice and solutions are available to both Canadian residents and non-residents. In order to demystify the inner workings of these vehicles, our lawyers will take the time to listen to you, identify your needs and make the appropriate recommendations.

Representative mandates

Creative use of trusts within the context of incorporations, shareholder restructuring, asset protection strategies and estate planning

Assisted foreign investors to establish themselves in Canada and invest through efficient structures and business plans in collaboration with their international legal, tax and accounting partners

Recommended reading

Representation before tax authorities

We represent companies and individuals in their disputes with tax authorities. With extensive knowledge of federal and provincial administrative procedures and significant representation experience before several judicial bodies, including the Federal Court, the Court of Appeal of Québec and the Court of Québec, our lawyers can assist you in protecting your rights, whether by negotiating with tax authorities or by instituting formal court proceedings. We act in objection files, audit and notice of assessment analysis, interventions with tax authorities, representation before the courts, and actions in recovery.

For some time now, we have been witnessing a major increase in disputes between taxpayers and tax authorities with regard to sales taxes (GST and QST), particularly due to the complexity of applicable laws. Our specialized lawyers apply their thorough understanding of these laws and related administrative practices to offer you clarity and understanding regarding such matters.

Representative mandates

Represented taxpayers in connection with tax disputes before the Federal Court, the Court of Appeal of Québec and the Court of Québec

Negotiated arrangements with creditors in connection with proposals

Successful recourse to the Courts in order to retroactively correct proceedings and transactions which, as a result of errors made by previous representatives, created undesired tax consequences

Appeal against a tax assessment before courts with jurisdiction in tax matters

Negotiations in matters of penal and criminal proceedings with regard to tax infractions in the construction industry and the management of their direct repercussions with the Régie du bâtiment du Québec